PC 79-194;
RESOLUTION N0. PC 79~194
RESOLUTION OF THE ANAHEIM CITY PLANI7IWG CONMISSION
TNAT PETITION FOR VARIANCE !!0. 3111 BE GRANTED
WFIEREAS, the Anahetm City Planning Commission did recetve a verlfied
Petitton for VarTance fram HITCHEL M. HUMPHREYS AND JAHiLE K, HUMPNREYS, 219
Barryknoll Street. Anaheim, California 92607, owners of certain real property
situated in the Lity of Anahelm, County of Orange. State of Caltfornla descrlbed as:
Lot 50 of Tract No. 5000, as per map recorded in book 191 pages 28
to 30 Inclusiva of Miscellaneous Maps. in the office of the county
recorder of said county.
61tiEREAS~ the Ctty Planning Commission did hold a public hearing at the CT[y
Nall in the City of Anaheim on September 24, 1979, at 1:30 p.m.~ notlce of satd
pubtic hearing having been duly glven as required by law and in accordance with the
provisions of the Anaheim Munlcipat Code. Chapter 18.03. to hear and consider
evtdence for and against said proposed varlance and to investigate and make fl~dTngs
and recortmendatlons in connection therexlth; and
WHEREAS, said Commission. aftcr due Inspectlon, lnvestigatlon and study made
by Itself and (n its behalf, and after due consideratlon of all evTdence and reports
offered at sald hearing, does find and determine the follo.+ing facts:
1, That the petitloner proposes a walver of the followino to construct a
gorage add(tlon:
SECTIOtI 18.26.063.010 - Minimun landsca ed front setback,
25 eet requlred;
11 ~t, 4 fnches proposed)
2. That the above-mentioned waiver Is hereby granted on the basis that the
petitloner demo~strated that a hardship exists In that strict applicatlon of the
zonTng code deprlves the property of privi(eges enJoyed by other property under
identical zoniny classtfTcation in the vicinity.
3. That there are exceptlonal or extraordinary cTrcumstances or conditions
applicable to thc property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
4, That the requested varlance is necessary for ihe preservation and
enJoyment of a substanctal property right possessed by other property in the same
vicinTty and zone~ and dented to the property in question.
5. That the requested varTance wTll not be materially detrimentai to the
publlc welfare or injurious to the property or improvements in such vicinity and zone
in which the property ts located.
6. That 1 person lndicated theTr presence at said publlc hearing In
oppositio~; and that no correspondence Nas received In oppositton to the subJect
petitton.
PC79-~9~
r , ~
ENYIRONMENTAL IMPACT FINDING: The Planning Director or hts authorized
representat ve as eterm ne t at t e proposed proJect falls withln the definltlon
of Cate~orical Exematlons, Class 5, as defined In Paragraph 2 of the Clty of Anaheim
Environmental Impact Report Guidettnes and is~ therefore, categorically exempt from
the requirement to prepare an EIR.
NOW. TNEREFORE, BE IT RESOLVED that the Anaheim City Planntng Commtsslon
does hereby grant subJect Petition for Variance, upon the following conditlons whtch
are hereby found to be a necessary prerequlsite to the proposed use of the subJect
property in order to preserve the safety and general weifare of thc Citizerts of the
City of Anahelm:
1. That subJect property shall 6e developed substanttally In accordance
with plans and specifications on file wtth the City of Anahelm marked Exhibit No. 1.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cammission does hereby
find and determine that adoption of this Resotution is expressly predicated upon
applicant's compltance with each and all of the condictons hereinabove set forth.
Should any such condltion, or any part ihereof, be decla~ed invalid or unenforceable
by the ftnat Judgment of any court of competent Jurisdictfon~ Lhen this Resolutlon,
and any approvals hereTn contained, shall be deemed null and voi~.
THE FOREGOING RESOLUTION Ts slgned and approved by me this 24th day of
September, 1979.
?- ~ r
~ {' !I'.ti~.,y..C / / -~~~ cZy.>.-C-t/
CHAIRMAN~ ANAHEIM CITY PLANNIFIG COMMISSION
ATTEST:
~~
SEGRETAR , ANAHEIM LITY PLANNI~~G COMMISSION
STATE OF CALIFORNlA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIH )
I, Edith L. tiarrls. Secretary of thc Anahelm City Planning Lorm~ission, do
hereby certtfy that the foregoing resolutlon was passed and adopted at a meeting of
the Anahelm City Planning CommissTo~ held on September 24. 1979, by the following
vote of the manbers thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, OAVID, FRY, HERDST~ KING, TOLAR
NOES: GONMISSIONERS: NOME
ABSENT: LOMMISSIONEP,S: NONE
1979
IN WITNE55 WHEREOF, I have hereurto se[ my hand this 24th day of September,
-~~~ ~ a~~
SECRE~TARY, ANAME I M C iTY LAt~~11 t~G COMM I SS I ON
-2- PC79-19h